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25. The appreciation of ocular evidence is a hard task. There is no fixed or straight-jacket formula for appreciation of the ocular evidence. The judicially evolved principles for appreciation of ocular evidence in a criminal case can be enumerated as under: “I. While appreciating the evidence of a witness, the approach must be whether the…
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The legal position is not in dispute that mere production and marking of a document as exhibit by the Court cannot be held to be a due proof of its contents. Its execution has to be proved by admissible evidence. “16. ………………..The legal position is not in dispute that mere production and marking of a…
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81. It is an undisputed position of law that the FIR is a public document defined under Section 74 of the Evidence Act. Various High Courts have expressed this view from time to time. a) In the case of Channappa Andanappa Siddareddy and others v. State 1980 Crl LJ 1022, the Karnataka High Court held…
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65. This Court, in its various pronouncements, has taken support of Section 56 of the Evidence Act to do substantial justice in respective matters. Some of them are being reproduced hereinafter to get a better picture of how judicial notice is taken: a) In the case of State of Kerala v. Unni (2007) 2 SCC…
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The Apex Court in D.K. Basu v. State of West Bengal, AIR 1997 SC 610, while emphasizing on personal liberty in a civilized society on the backdrop of constitutional philosophy especially enshrined under Articles 21 and 22(1) of the Constitution of India, has expressed thus: ―22. … The rights inherent in Articles 21 and 22(1) of the…
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We may remind the High Court of the observations made by this Court in Official Liquidator v. Dayanand and Others reported in (2008) 10 SCC 1. In this decision, this Court has emphasised the adherence to basics of judicial discipline and the need for predictability and a certainty in law. In that context, certain earlier…
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